barker

I would not risk it. If your employer notifies the department, or if the department becomes aware via data matching they could seek to cancel your visa. From the website: (https://www.border.gov.au/Trav/Visa-1/187-) We might cancel this visa if you do not make a genuine effort to begin employment with your employer within six months of: your first entry to Australia if you were granted this visa while you were outside of Australia; or the visa being granted if you were granted this visa while you were in Australia. We might also seek to cancel this visa if you begin employment but do not remain in the position for the full two years. If this happens, you will have a chance to explain, in writing, why your visa should not be cancelled.

Hi Sara, Did you quit the job that you want to use for the 187? If you don't have a valid nomination or pending nomination your 187 application will be refused. You cannot transfer sponsorship. How long it actually takes the department to catch wind of this depends if the employer notifies them in a timely fashion. 187 visas can be cancelled for certain reasons among them being failure to work for the nominated employer for 2 years (bar some extenuating circumstances). For someone who hasn't even been granted the visa I would very strongly suggest you discuss this with your agent, and let us know what you come up with.

Hi All, Was discussing these changes with a friend last night in regards to the upcoming changes, especially for those who have lodged a 187 DE application and/or nomination under an occupation which is not on the MLTSSL. I was just reading through the PAM3 this morning and from my understanding this guidance (I have attached) basically rules out a nomination approval if your application is not decided by March 2018 and does not appear on the MLTSSL. Keep in mind I'm referring to the Direct Entry stream. Just looking for some input from any MA's or people who have information. Questions: 1) Given the guidance that currently exists on the latest stack as of 7/9, has there been any further advice on the "additional regional occupations" that were promised under this reform? 2) Is lodging a nomination at this stage currently advisable for employers who seek to nominate highly-skilled non-MLTSSL positions (ANZSCO 1)? Here is the guidance I refer to, of which the last paragraph is most relevant: 10.3.3 Approvable occupations specified in the latest legislative instrument For RSMS any occupation with a skill level within ANZSCO skill levels 1 to 3 may be nominated. Regulation 5.19(4)(h)(i)(A) (ENS Direct Entry stream) and Regulation 5.19(4)(h)(ii)(D) (RSMS Direct Entry stream) provide that the delegate must be satisfied that the nominated occupation and its corresponding 6-digit code correspond to an occupation and its corresponding 6-digit code specified in a legislative instrument. In practice, this means that: when assessing nominations under Regulation 5.19(4)(h)(i)(A) delegates must confirm that the nominated occupation is included on the Medium and Long term Strategic Skills List (MLTSSL) or the Short term Skilled Occupation List (STSOL), which lists occupations that can be approved in relation to permanent employer sponsored nominations under the ENS Direct Entry stream; when assessing nominations under Regulation 5.19(4)(h)(ii)(D) delegates must confirm that the nominated occupation is included in the legislative instrument in relation to permanent employer sponsored nominations under the RSMS Direct Entry stream. delegates must be satisfied that the tasks of the nominated position effectively align with the tasks for that occupation as outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Important: As of 19 April 2017, the legislative instrument referred to above contains two schedules, the MLTSSL, which replaced the former Skilled Occupation List (SOL), and the STSOL which replaced the Consolidated Sponsored Occupation List (CSOL). Occupations listed in Schedule 1 (MLTSSL) and Schedule 2 (STSOL) to the instrument are eligible for the PESE ENS Direct Entry stream. A full list of these occupations is available on the Department’s website. Some occupations on the list are restricted to certain situations via a caveat - refer to legislative instrument The list can change with occupations being removed or added. If the legislative instrument has changed since the application was made, officers should confirm that the nominated occupation is specified in the current legislative instrument. If the nominated occupation is not listed on the current legislative instrument at the time of making the decision, the nomination cannot be approved. The STSOL and MLTSSL will be updated every six months based on advice from the Department of Employment. Listed caveats will provide additional requirements or exclusions for a number of listed occupations. Since Regulation 5.19 are time of decision requirements, this can mean that an occupation on the STSOL and MLTSSL at the time of lodgement is either no longer on these lists or is further constrained by caveats at time of decision and therefore cannot be approved. In these instances applicants will be afforded the opportunity to withdraw the nomination and associated visa application. The improved agility of the STSOL and MLTSSL to respond to ‘on the ground’ labour market conditions will strengthen the skilled migration programme to react to real-time skill shortages. The STSOL and MLTSSL continues to cover a range of managerial, professional, technical and trade occupations at ANZSCO skill levels 1, 2 and 3.

To clarify this, the Bridging Visa A takes over if/when your 457 or other substantive visa expires. It basically sits in the background doing nothing until then. But beware, if your current substantive visa expires, and you somehow find yourself only on a Bridging visa A, you will need to apply for a Bridging visa B to travel outside Australia.

Applications are decided not necessarily in the order in which you applied, but also by occupation, nominator and the ease of processing your application. (ie: is it complete, are you low risk, etc)

8 to 10 months as specified on the DIBP site. http://www.border.gov.au/Trav/Visa-1/186-

You need to be more specific than just pasting a status report in as a post. What type of visa? What stream?

And here is the relevant ANZSCO criteria. http://www.abs.gov.au/ausstats/abs@.nsf/Product+Lookup/1220.0~First+Edition,+Revision+1~Chapter~UNIT+GROUP+1411+Cafe+and+Restaurant+Managers CAFE AND RESTAURANT MANAGERS organise and control the operations of cafes, restaurants and related establishments to provide dining and catering services. Indicative Skill Level: Most occupations in this unit group have a level of skill commensurate with the qualifications and experience outlined below. In Australia: AQF Associate Degree, Advanced Diploma or Diploma (ANZSCO Skill Level 2) In New Zealand: NZ Register Diploma (ANZSCO Skill Level 2) At least three years of relevant experience may substitute for the formal qualifications listed above. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification. Tasks Include: planning menus in consultation with Chefs planning and organising special functions arranging the purchasing and pricing of goods according to budget maintaining records of stock levels and financial transactions ensuring dining facilities comply with health regulations and are clean, functional and of suitable appearance conferring with customers to assess their satisfaction with meals and service selecting, training and supervising waiting and kitchen staff may take reservations, greet guests and assist in taking orders

Here is the information from legendcom. That ANZSCO position is assessed by VETASSESS with caveat 8. Positions for which occupation is inapplicable: 8 The position is in a limited service restaurant. 11.7 Café and Restaurant Manager (ANZSCO 141111) Officers are referred to the relevant caveats in the applicable Instrument. If the sponsoring business predominantly provides takeaway or fast food services in a small retail establishment, food court or casual dining outlet, this occupation is not considered appropriate for the business. That is, this occupation is appropriate only if the tasks of the position as specified in ANZSCO include planning menus in consultation with chefs and the planning and organising of special functions (as opposed to administering functions initiated by customers). Shift or duty manager positions are not equivalent to a café and restaurant manager because one restaurant manager should not report to another restaurant manager, that is, there can only be one manager responsible for the overall operation of the business. Given the absence of such occupations in ANZSCO as ‘Restaurant Supervisor’, ‘Shift Restaurant Supervisor’, ‘Restaurant Duty Manager’ and ‘Assistant Restaurant Manager’, under policy these functions are taken to be equivalent to such assistant and supervisory roles because they exist in the broader retail environment for occupations that may be described as Retail Supervisor (ANZSCO Code 621511, Skill Level 4). Retail Supervisor would therefore not be eligible for nomination under ENS or RSMS. 11.9 Assessing Delegates will need to be satisfied that the position in the nomination will require the skills commensurate with the occupation being nominated, and the onus will be on the nominator to provide evidence to the satisfaction of the delegate. The delegate should be satisfied that: the nominee will be paid the appropriate wages commensurate with their skill level and the position is required - that is, there is indeed a genuine need for the position and there is no other similar position in the store – for example, a customer service manager may be performing the required tasks and there is no significant genuine need for a retail manager and the tasks relating to the position are in line with the ANZSCO classification for the occupation, and are not at a lower skill level (for example, the occupation nominated is Customer Service Manager (149212 – skill level 2) but the tasks are commensurate with a skill level 4 occupation such as Retail Supervisor (ANZSCO 621511). Store managers would also participate in professional development, which can involve business leadership courses as well as ongoing feedback from the franchise owner/licensee or operations manager (who may be responsible for all outlets within an area). Disclaimer: Not migration advice. Simply a reference to available information.

Got my approval today, just wanted to keep you all updated. This thread has been very helpful in getting everything together, and for tips. I did the medical using ehealth and it was finished at time of submission. I did the application myself, no agent. Nomination from employer 6 July 2017 Submitted 187 on 10 July 2017 Nomination and PR grant 7 August 2017 Occupation 253211 Anaesthetist, Citizenship USA.

Register the relationship ASAP. Get all your other paperwork together ASAP, have a look at the document checklist for that visa. And take a deep breath and don't stress too much. This will save you lots of headache down the road. If you apply for a partner visa and your 457 is cancelled/expires (assuming the employer even reports it) you'll have a bridging visa to fall back on.

If you are seriously considering a partner visa and live in a state where you can register your relationship that will be a good easy first step to take. You cannot cancel your 457 visa unless you are seeking to withdraw super and are leaving the country (via the DASP process). I would suggest you see if you can find another employer to nominate you under the 457 assuming your occupation is still listed. And contact an agent for advice. You will have a limited time window not to cause yourself a serious headache. Ask yourself if leaving your employer is worth the hassle, or at least search for a new one to nominate you and take over.

I agree. If you haven't done these before or have a very good procedural ability / the ability to understand minutiae I would at least ask. That being said I have done a Tourist/ Student / 457 and now PR application solo and haven't had any problems. But it's also circumstantial, and situation dependent. More people adds more complexity.

Visa fees are now indexed to the consumer price index and will continue to increase every year.

Hi, If I have a 187 PR grant, and want to essentially "remove" the 2 year restriction, and I'm also given an expression of interest invitation for a 189, if I apply and am granted the 189 from what I understand the 187 just essentially disappears and I can work/move wherever I want. Can anyone clarify this? Ie; applying for PR while already holding another type of PR.

Does anyone have any idea how much the occupation matters with regards to processing time? I'm planning on submitting my application for 187 RSMS DE as a medical officer nominated by NSW.